№ files_lp_4_process_3_116582
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Labour court judgment detailing the appeal by Ohorongo Cement against an arbitration ruling that found the dismissal of Benjamin H Khoeseb substantively unfair and ordered reinstatement with back pay.
Year:
2024
Jurisdiction:
Namibia, Windhoek
Subject:
Labour law, unfair dismissal, employee performance assessment
Document type:
Court judgment
Court:
Labour Court of Namibia, Main Division
Case number:
HC-MD-LAB-APP-AAA-2023/00070
Parties:
Ohorongo Cement (Pty) Ltd (Appellant), Benjamin H Khoeseb (First Respondent), Julia Mutenda N.O. (Second Respondent)
Decision date:
20 September 2024
Hearing date:
05 April 2024
Legal basis:
Labour Act 11 of 2007
Key points:
Substantive unfairness of dismissal, requirement of performance evaluation, principles of fair employment relationship, calculation of compensation based on restitutio in integrum
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Year:
2018
Region / City:
Windhoek
Subject:
Labour Appeal
Document Type:
Court Judgment
Organ / Institution:
Labour Court of Namibia
Author:
Unengu, AJ
Target Audience:
Legal professionals, Labour Court participants
Period of Validity:
Ongoing
Date of Approval:
26 June 2018
Date of Amendments:
Not applicable
Year:
2012
Region / city:
United States
Subject:
Trademark and Unfair Competition Law
Document type:
Academic lecture notes
Author:
Professor Beebe
Target audience:
Law students, legal professionals
Period of validity:
Spring 2012
Approval date:
Not specified
Modification date:
Not specified
Note:
Context
Year:
2023
Region / City:
Australia
Topic:
Consumer Protection, Unfair Trading Practices
Document Type:
Consultation Regulation Impact Statement
Agency / Institution:
The Treasury
Author:
Commonwealth of Australia
Target Audience:
Stakeholders, Policy Makers, Consumer Advocacy Groups
Period of Validity:
Until 29 November 2023
Approval Date:
Not specified
Date of Amendments:
Not specified
Year:
1962
Region / city:
South Carolina
Topic:
Unfair Trade Practices
Document Type:
Legal Act
Organization / Institution:
State of South Carolina
Author:
South Carolina Legislature
Target Audience:
Legal professionals, businesses, consumers
Effective Period:
Not specified
Date of Approval:
Not specified
Date of Changes:
Not specified
Year:
2012
Region / city:
Maine, Cumberland County
Topic:
Unfair trade practices, home repair services
Document type:
Legal complaint
Organization:
State of Maine, Office of the Attorney General
Author:
William J. Schneider, Linda J. Conti, Carolyn A. Silsby
Target audience:
Legal professionals, parties involved in the case
Period of validity:
Ongoing
Approval date:
February 27, 2012
Date of amendments:
N/A
Year:
2017
Region / City:
Sweden
Topic:
Neoliberalism in education, student selection, upper secondary education
Document Type:
Research article
Organization / Institution:
Universities and higher education institutions in Sweden
Author:
Patric Wallin, Lisa Rundberg, Erica Sandström
Target Audience:
Educators, students, researchers in the field of education
Period of Validity:
N/A
Approval Date:
N/A
Date of Changes:
N/A
Year:
2018
Region / city:
Russia
Subject:
Human rights
Document type:
Report
Organization / institution:
Amnesty International
Author:
Amnesty International
Target audience:
General public, human rights defenders, policymakers
Period of validity:
Ongoing
Approval date:
2018
Date of changes:
N/A
Year:
2025–2026
Jurisdiction:
Commonwealth of Australia
Document Type:
Legislative Explanatory Memorandum
Topic:
Consumer Protection, Unfair Trading Practices
Issuing Body:
Parliament of the Commonwealth of Australia, House of Representatives
Target Audience:
Policymakers, legal practitioners, consumer advocates
Consultation Dates:
2023–2024
Implementation Period:
Upon commencement of the Bill
Key Provisions:
General prohibition on unfair trading practices, subscription contract regulations, drip pricing transparency
References:
Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010)
Context:
Exposure draft explaining amendments to enhance consumer protections against unfair trading practices
Year:
2013–2015
Region / City:
Congella and Pinetown
Subject:
Employment dispute, unfair dismissal
Document Type:
Arbitration record
Institution:
Dispute Resolution Chamber (DRC)
Parties:
Applicant (employee), Respondent (PTY LTD manufacturer of automotive components)
Applicant Role:
Setter / Operator
Applicant Employment Start Date:
26 May 2008
Applicant Dismissal Date:
28 March 2013
Charges:
Gross negligence, bringing company into disrepute, conduct affecting workplace order
Hearing Dates:
26 June 2013, 28 August 2013, 28 October 2013, 3 & 4 February 2014, 17 March 2014, 2 June 2014, 4 August 2014, 5 May 2015, 2 June 2015, 22 July 2015, 9 September 2015, 11 November 2015
Inspectors / Interpreters:
Ms S Nkabinde, Mr T Kawula
Evidence Bundles:
Bundle A (71 pages), Bundle B (108 pages), Additional bundle (8 pages)
Arbitration Outcome:
Pending at the conclusion of hearings
Procedural Details:
Pre-arbitration minutes, inspection-in-loco, cross-examination records
Year:
1978
Court:
United States District Court for the Southern District of New York
Case Citation:
460 F. Supp. 40
Judge:
Frankel, D.J.
Parties:
Margaret Walker Alexander (Plaintiff) v. Alex Haley; Doubleday & Company, Inc.; Doubleday Publishing Company (Defendants)
Document Type:
Judicial opinion / court decision
Legal Area:
Copyright law; unfair competition
Subject:
Alleged copyright infringement between literary works Roots, Jubilee, and How I Wrote Jubilee
Works Discussed:
Roots; Jubilee; How I Wrote Jubilee
Plaintiff Works Copyright Years:
1966; 1972
Defendant Work Copyright Year:
1976
Jurisdiction:
United States
Procedural Posture:
Motions for summary judgment by defendants
Decision:
Defendants’ motions for summary judgment granted
Key Legal Issues:
Actual copying; substantial similarity; protectability of historical facts, common sources, scenes a faire, and stock language
Relevant Historical Context:
Literary depictions of slavery and African American family history in the United States
Year:
2025
Jurisdiction:
Namibia
Court:
Labour Court of Namibia, Main Division, Windhoek
Case number:
HC-MD-LAB-APP-AAA-2024/00043
Parties:
Stephanus Kasoka, Alvitius Afrikaner, Festus Hobexab, Sakkie Oaga v The Labour Commissioner, Williams Metaal Werke, Nicolas Shaun Mouers
Legal basis:
Labour Act 11 of 2007, Section 33, Section 35(1)(a), Section 89, Section 117(a)(ii)
Type of document:
Court judgment
Subject:
Unfair dismissal, disciplinary proceedings, arbitration review
Hearing date:
29 August 2025
Judgment delivered:
26 September 2025
Outcome:
Appeal upheld, arbitration award set aside, compensation and severance pay ordered